UTLC LANDLORD AND TENANT – service charge – whether estate service charge are a recoverable head of expenditure under Sub-underleases – determination of the extent of liability of the sub-underlessees – true construction of terms of Sub-underleases – whether LVT misdirected itself on the aspect of ‘reasonableness’ pursuant to Landlord and Tenant Act 1985, s. … Continue reading One Housing Group Leasholders of 29 Flats In Navigation Court: UTLC 16 Jul 2014
Former HL decision in Siebe Gorman overruled The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority. Held: The appeal was allowed. The debenture, although … Continue reading National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005
conflict between a landlord’s claim to possession and a tenant’s claim to exercise her right to buy, both being claims arising under the Housing Act 1985. The Hon Mr Justice Lindsay [2003] EWHC 2944 (Ch), [2004] 1 All ER 1036 Bailii Housing Act 1985 England and Wales Cited by: Cited – Basildon District Council v … Continue reading The Royal Borough of Kensington and Chelsea v Marilyn Hislop: ChD 5 Dec 2003
A consent order provided for a substantial payment to the tenant, who was claiming damages for failure to maintain the premises in good repair. The landlord now sought possession. Held: There was no implied admission that the landlord was entitled to possession under the section.Sir John Donaldson MR: ‘The question which then arises is whether … Continue reading Regina v Bloomsbury and Marylebone County Court, ex parte Blackburne: CA 1985
UTLC LANDLORD AND TENANT – service charges – LVT determined charges reasonable – accountancy evidence disputing charges had been incurred – s.27A Landlord and Tenant Act 1985 – LVT failed to have regard to tenant’s evidence and failed to determine if charges actually incurred before determining reasonableness [2013] UKUT 153 (LC) Bailii Landlord and Tenant … Continue reading Brown and Another v Island Homes Housing Association Ltd: UTLC 13 May 2013
Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999
The trial judge had dismissed a claim for rectification on the basis that the defendant hoped and suspected, but did not know, of the relevant mistake by the plaintiff. Held: Rectification was ordered because the defendant had sought to mislead the plaintiff into making the relevant mistake, the plaintiff had in fact made it, and … Continue reading Commission for the New Towns v Cooper (Great Britain) Ltd, (Formerly Coopind UK Ltd): CA 4 Mar 1995
The court was asked, whether asked to grant possession against a disabled tenant where the grounds for possession were mandatory. The defendant was a secure tenant with a history of psychiatric disability. He had set out to buy his flat, but the council sought possession when it discovered that he had sublet. Held: Section 23(3)(c) … Continue reading London Borough of Lewisham v Malcolm and Disability Rights Commission: CA 25 Jul 2007
The applicant had previously received licences to fish for Patagonian Toothfish off South Georgia. The defendant had instructed the issuer of the licence in such a way that it was not renewed. It now had to establish that its article 1 rights had been infringed in order to claim damages. Held: The appeal succeeded, and … Continue reading Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte Quark Fishing Limited: HL 13 Oct 2005
Old breaches did not support possession order The mobile home tenant was said to have paraded on the caravan park in combat style clothing, and disguising his face, causing fear among the other tenants. He now appealed against confirmation of the order for possession. He said that there had been an interval of almost three … Continue reading Telchadder v Wickland Holdings Ltd: SC 5 Nov 2014
The claimant’s parents were secure joint tenants. After her father left, the mother later died. The respondent served a notice on the father terminating the tenancy since as the survivor and not resident, he was not entitled to continue the tenancy. The claimant sought to succeed to the tenancy. The Court of Appeal allowed the … Continue reading Solihull Metropolitan Borough Council v Hickin: SC 25 Jul 2012
When a licence is really a tenancy The document signed by the occupier stated that she understood that she had been given a licence, and that she understood that she had not been granted a tenancy protected under the Rent Acts. Exclusive occupation was in fact granted. Held: This was a tenancy not a licence. … Continue reading Street v Mountford: HL 6 Mar 1985
Three women, all lawfully settled in the UK, had married third-country nationals but, at first, the Secretary of State had refused permission for their husbands to remain with them, or join them, in the UK. Held: The refusals of permission had not infringed the rights of the women and of their husbands to respect for … Continue reading Abdulaziz etc v The United Kingdom: ECHR 28 May 1985
The claimant appealed refusal of leave to bring judicial review of decisions to sell arms to the Israeli state. He lived in Palestine and said that Israel had destroyed his farm, and that licences broke the criteria under the 2002 Act. He said that public authorities are obliged at common law to publish reasons for … Continue reading Hasan, Regina (on the Application of) v Secretary of State for Trade and Industry: CA 25 Nov 2008
The Defendant appealed against the order for possession made against her in respect of her secure tenancy of a flat, made on the grounds that her son, now 18 years old and living with her and her partner, had committed repeated acts of nuisance and annoyance to neighbouring residents and had been convicted of an … Continue reading Royal Borough of Greenwich v Tuitt: CA 25 Nov 2014
P in possession – tenancy at will Until Completion A prospective tenant was allowed into possession and then made periodic payments of rent while negotiations proceeded on the terms of a lease to be granted to him. The negotiations broke down. Held: The tenant’s appeal failed. It was inferred in the absence of any other … Continue reading Javad v Aqil: CA 15 May 1990
The House considered situations where a secure or assured tenancy had been made subject to a suspended possession order and where despite the tenant failing to comply with the conditions, he had been allowed to continue in occupation. Held: Mrs White remained an assured tenant despite the continued suspended possession order. Mr Porter was entitled … Continue reading Knowsley Housing Trust v White; Honeygan-Green v London Borough of Islington; Porter v Shepherds Bush Housing Association: HL 10 Dec 2008
Belfast had failed to license sex shops. The company sought review of the decision not to grant a licence. Held: The council’s appeal succeeded. The refusal was not a denial of the company’s human rights: ‘If article 10 and article 1 of Protocol 1 are engaged at all, they operate at a very low level. … Continue reading Belfast City Council v Miss Behavin’ Ltd: HL 25 Apr 2007
The claimant appealed against refusal of permission to erect a six turbine wind farm. The inspector had recommended the plan, but the defendant had decided against it. Held: The claim failed. The planning inspector’s report is the starting-point for the Secretary of State’s deliberations. However, it is his statutory function to make a planning judgment … Continue reading Wind Prospect Developments Ltd v Secretary of State for Communities and Local Government and Another: Admn 5 Dec 2014
The authority set up a parking scheme for an estate of house of which it was the landlord. Those not displaying parking permits were to be clamped. The appellant complained that the regulations had been imposed by council resolution, not be the . .
LT LANDLORD AND TENANT – service charges – whether gardening and internal cleaning costs reasonably incurred – additional 25% deduction by LVT – use of LVT’s own expertise as an expert tribunal – whether . .
The respondent was a mutual housing co-operative, and the claimant its tenant. The tenant kept a dog in the premises without the consent of the other tenants in breach of the terms of the lease. A notice to quit was served on him. His tenancy was . .
Dispensation of all or any of the consultation requirements provided for by Section 20 of the Landlord and Tenant Act 1985 . .
Secure tenancy obtained by misleading application – grant of possession order . .
A Local Authority’s duty to provide housing for homeless was satisfied by a housing association investigation, provided the decision was made by the authority. . .
The claimant sought to have transferred to her, her father’s agency for the wholesale distribution of Sunday newspapers. The claimant alleging sex discrimination after being refused. The company said that she was not an employee within the 1975 Act. . .
The tenant had occupied the premises under a long lease which expired by effluxion of time. The landlord failed to take any steps to retake possession, and the tenant continued as a tenant at will, paying no rent. The landlord eventually issued . .
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A local authority may not rely for homelessness application on information on transfer. Citations: Times 02-May-1994 Statutes: Housing Act 1985 58 Jurisdiction: England and Wales Housing Updated: 21 October 2022; Ref: scu.87997
A council must give proper reasons concerning a person’s housing application. Citations: Times 27-May-1993 Statutes: Housing Act 1985 59(1) (c) Jurisdiction: England and Wales Housing Updated: 23 July 2022; Ref: scu.86978
Priority housing need applicant must show some partial dependency of children. Citations: Times 03-Oct-1996 Statutes: Housing Act 1985 58(1)(b) Jurisdiction: England and Wales Housing Updated: 11 June 2022; Ref: scu.88295
No homelessness priority could be established by means of having a child applying for housing, rather than his or her parent. An application by a person suffering mental disability who would also be dependent upon others was also rejected. In each case the true application was by the parent or carer. The Act is concerned … Continue reading Regina v Oldham Metropolitan Borough Council ex parte Garlick and similar: HL 19 Mar 1993
Youth Trainee Scheme trainee is independent, and should not to be included in family’s housing need assessment even though only small income. Citations: Ind Summary 19-Sep-1994 Statutes: Housing Act 1985 59-1-b Jurisdiction: England and Wales Housing Updated: 28 April 2022; Ref: scu.87055
The words ‘other special reason’ for housing need within the section are to be to be read narrowly. The section was to be read as a whole and was not indended to cover impecuniosity through the denial of benefits. Citations: Times 01-May-1996 Statutes: Housing Act 1985 59(1) Cited by: Appeal from – Regina v Kensington … Continue reading Regina v Kensington and Chelsea London Borough Council Ex Parte Kihara; Regina v Similar: QBD 1 May 1996
The deferment of a Council’s duty to rehouse an applicant pending a housing review was unlawful. Citations: Times 24-May-1993 Statutes: Housing Act 1985 56 69 Housing Updated: 09 April 2022; Ref: scu.86194
The Council appealed from an order quashing its decision that the applicant was intentionally homeless. . .
The sale of a council house imposed an additional duty on a local authority to disclose known structural defects to buyers. Citations: Times 24-Jun-1997, [1997] EWCA Civ 1752, (1998) 10 Admin LR 185, (1998) 30 HLR 295, (1998) 76 P and CR 293 Links: Bailii Statutes: Housing Act 1985 Jurisdiction: England and Wales Citing: Cited … Continue reading Payne and Woodland v Mayor and Burgesses of London Borough of Barnet: CA 22 May 1997
Citations: [1997] EWCA Civ 1766 Statutes: Housing Act 1985, Acquisition of Land Act 1981 Jurisdiction: England and Wales Housing Updated: 09 December 2022; Ref: scu.142162
The appellant challenged a decision that the exercise of her right to buy had been withdrawn. She had insisted that the authority complete repairs before she bought the property. Held: A tenant who delayed exercise of the right-to-buy seeking to have the property repaired might lose that right. ‘Relevant outstanding matters’ referred to matters within … Continue reading Ryan v London Borough of Islington: CA 19 Jun 2009
Citations: [1999] EWCA Civ 1271 Statutes: Housing Act 1985 189 190 Jurisdiction: England and Wales Housing Updated: 09 December 2022; Ref: scu.146186
‘dispute between the freehold owners and estate managers of a site at Point Curlew, St Merryn, Padstow, Cornwall, the defendants, and a number of the owners of holiday chalets at that site. The dispute relates to the service charges which the defendants seek to claim under the terms of the various 999 year leases which … Continue reading Phillps and Others v Francis and Another: QBD 24 Mar 2010
Section 189 of the Housing Act, which compels a local authority to serve a repair notice wherever they are satisfied that a house is unfit within the meaning of section 604, unless the house is beyond repair, may result in the lawful service of notices in relation to defects which fall short of breaches of … Continue reading Newham London Borough v Patel: 1978
The court was asked whether the landlord could seek possession of a property granted under a five year flexible tenancy. There was no straightforward forfeiture clause. The landlord alleged rent arrears and anti-social behaviour. Held: Without a forfeiture clause in the lease, the lease could not be determined before its expiry. Judges: Tipples J Citations: … Continue reading Croydon London Borough Council v Kalonga: QBD 2 Jun 2020
Even an unlawful sub-tenancy can have protection under Part II of the 1954 Act. The court described as fallacious the submission that section 74(1) does not extend to or answer the question whether the document has ever been delivered, saying: ‘The section says that the document is to be deemed to have been duly executed … Continue reading D’Silva v Lister House Development Ltd: 1970
Challenge to compulsory purchase order – authority under which orders made. Citations: [2007] EWHC 2625 (Admin) Links: Bailii Statutes: Acquisition of Land Act 1981 23(1), Housing Act 1985 Jurisdiction: England and Wales Land Updated: 05 December 2022; Ref: scu.261400
The landlord of a mixed commercial and private housing property, intending to carry out needed repairs, requested advance payment from the tenants to cover the costs. The tenants objected that a large part of the costs would be covered in due course by a third party under a constructor’s warranty. Held: The landlord’s appeal failed. … Continue reading Avon Ground Rents Ltd v Cowley and Others: CA 29 Oct 2019
The tenants held an introductory tenancy under the Act. The council sought possession, after giving notice, and after its review under the Act. The tenants objected, but the Council denied the right of the County Court to hear the objection, arguing that the court had no discretion but to order possession, that the right to … Continue reading Manchester City Council v Cochrane and Cochrane: CA 21 Dec 1998
The court was asked whether a local authority can lawfully bind itself by contract to subject the exercise of its statutory power to vary its tenancy agreements by notice to the approval of tenants’ representatives. Held: The local authority could not fetter its right in that way. The authority had a statutory power of management … Continue reading Kilby, Regina (on the Application of) v Basildon District Council: CA 22 May 2007
The Borough’s tenant had died. His wife and daughter had lived with him, but the mother not for long enough to succeed to his tenancy. The daughter (aged thirteen) claimed to have done so having lived with him for three years. Held: The 1985 Act did not limit its effects to adults. A minor may … Continue reading Royal Borough of Kingston Upon Thames v Prince and Another: CA 2 Dec 1998
The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties appealed. Held: The Tribunal had misdirected itself as to one test. The statutory test required the … Continue reading Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004
The tenant had served a notice to purchase the freehold of the premises at pounds 100.00, a formal nominal figure. The landlord claimed that the notice was invalid. Held: The process was one of compulsory purchase. ‘The tenant is required to specify the premium that he proposes to pay. He did not do so; he … Continue reading Cadogan Estates Limited v Morris: CA 4 Nov 1998
A ten year shorthold tenancy agreement which was not executed under deed constituted an equitable interest, and since more than five years remained, the tenant had sufficient interest to found a claim for a council grant for renovation and repairs. The concept of an equitable term of years is well known to the law. Citations: … Continue reading Regina v London Borough of Tower Hamlets ex parte Von Goetz: CA 8 Oct 1998
The authority sought to apply the exception so as to deprive its tenant of security of possession. Held: In order to succeed in removing protection, the landlord authority had to establish each of the four statutory requirements. The scheme was intended to encourage private landlords, but in order to apply the scheme, there had to … Continue reading Hickey v London Borough of Haringey: CA 10 Apr 2006
The secure tenant was convicted of cultivating cannabis in the house. The council sought possession, and now appealed an order granting only possession suspended whilst the tenant complied with the terms of the tenancy agreement, seeking outright possession. Held: The council’s appeal succeeded. A possesion order was not to be made unless it was reasonable. … Continue reading Sandwell Metropolitan Borough Council v Hensley: CA 1 Nov 2007
The defendant tenant had been delayed for over five years by the claimant in buying his council house. He stopped paying rent in protest, and the council brought possession proceedings. He then paid his rent and continued in his counterclaim to require the lease. The parties differed as to whether a parking right was included. … Continue reading London Borough of Southwark v Dennett: CA 7 Nov 2007
Citations: [2003] EWCA Civ 679 Links: Bailii Statutes: Housing Act 1985 Part XI Jurisdiction: England and Wales Housing Updated: 20 November 2022; Ref: scu.182331
The claimant let a house to the defendant under an assured shorthold tenancy. In breach of condition, the defendant operated her licensed conveyancer’s business from the premises. Under an associated arrangement land was let to the defendant for her horses. On a possession action, the defendant asserted that the letting was a business tenancy protected … Continue reading Brown v Myerson: CA 21 Jul 1998
Where an asylum seeker had housing which was sufficiently inadequate to render her homeless for the purposes of the section, she was not disallowed from receiving such assistance by the operation of the other section regarding asylum seekers Citations: Times 27-Jul-1998, [1998] EWCA Civ 1111 Statutes: Housing Act 1985 175(1) 186(1) Jurisdiction: England and Wales … Continue reading Lismane v London Borough of Hammersmith and Fulham: CA 29 Jun 1998
The plaintiff lived in Lincolnshire, but owned a house in Gwynnedd. She sought to serve a notice in her local County Court, appealing from an order for its demolition, but the manager of that Court refused to accept it saying that it should have been filed in Gwynnedd. The regulations said it was to be … Continue reading Gwynedd County Council v Grunshaw: CA 22 Jul 1999
Ability of right to buy owners to challenge the reasonableness of covenants to pay service charges was challengeable before completions in county court, but after completion only by application to the Secretary of State. Citations: Gazette 17-Jun-1998, Times 22-Jun-1998, [1998] EWCA Civ 881, [1998] 1 WLR 1591, (1999) 31 HLR 331, [1998] 3 All ER … Continue reading Sheffield City Council v Jackson and others: CA 17 Jun 1998
When considering whether a person was vulnerable so as to be treated more favourably in applying for rehousing: ‘The Council should consider such application afresh applying the statutory criterion: The Ortiz test should not be used; the dictum of Simon Brown LJ in that case should no longer be considered good law. (The same applies … Continue reading Regina v London Borough of Camden ex parte Pereira: CA 20 May 1998
A right of occupation given by an almshouse under a charitable trust was an occupation under a licence without right of possession, not an assured tenancy. The plaintiff’s conditions of occupancy stated: ‘Residents are licensees and pay a contribution towards the cost of providing accommodation at the Court: residents are not tenants and do not … Continue reading Gray and others v Taylor: CA 2 Apr 1998
UTLC COMPENSATION – compulsory purchase – absent and untraceable owners – house in state of disrepair – cost of repair and refurbishment – valuation – comparable transactions – relevance of price achieved by formal tender – Housing Act 1985 section 17 and Acquisition of Land Act 1981 – compensation determined at andpound;205,000 Citations: [2013] UKUT … Continue reading Stephenson and Another v East Riding of Yorkshire Council: UTLC 7 Feb 2013
Objecting neighbours appealed against a decision allowing a variation of a restrictive covenant to allow the owner to convert a dwellinghouse into two self-contained apartments. Held: The appeal failed. The power in the 1985 Act to vary a covenant must be used judicially, and ‘the statute does not create any presumption in favour of the … Continue reading Lawntown Ltd v Camenzuli and Another: CA 10 Oct 2007
Tenants complained that the authority landlord had purported to vary a clause in his secure tenancy agreement which gave certain management rights to tenants. Held: The powers to let on secure tenancies were governed by statute. The clause which was removed was an unlawful fetter on the authorty’s powers and duties. As such the court … Continue reading Kilby v Basildon District Council: Admn 26 Jul 2006
The local authority had obtained a possession order against the defendant tenants because of the behaviour of the tenants’ children as ‘conduct which is a nuisance or annoyance to neighbours’ The question on appeal was whether behaviour which related to properties more than 100 metres away from the house fell within the scope of the … Continue reading Northampton Borough Council v Lovatt and Another: CA 11 Nov 1997
The council challenged a decision as to their claim for possession of a ground floor flat where the court granted a possession order but suspended possession on terms that the Respondent (1) complied with his tenancy agreement and (2) obeyed the Injunction Order made on that date. The appeal is as to the correctness of … Continue reading Birmingham City Council v Ashton: CA 29 Nov 2012
The land owner appealed a decision that the claimant was a tenant of its premises. It had granted what was described as a licence to the claimant, but stated explicitly that the claimant’s servants should not in any way impeach the land-owner’s possession of the premises. Held: Such a clause was not consistent with a … Continue reading National Car Parks Ltd, Regina (on the Application of) v Trinity Development Company (Banbury) Ltd: CA 18 Oct 2001
The council appealed a finding that the claimant, a secure tenant, had not surrendered his tenancy. He had sought to exercise his right to buy the property, but was said to have left the premises before the lease was completed. The property was vandalised, and he had left a note to say they he lived … Continue reading Zionmor v Mayor and Burgesses of London Borough of Islington: CA 10 Oct 1997
The council had stopped paying rents on properties let by the claimants to the homeless, claiming first breaches of the leases. When later they were sued, they defendant by saying that since the properties had been let without the required statutory assessment of fair rents, the leases were void and no rents were due. The … Continue reading Charles Terence Estates Ltd v Cornwall Council: CA 13 Nov 2012
The claimant challenged a compulsory purchase order made against his property under the 1985 Act. Judges: Kenneth Parker J Citations: [2012] EWHC 2835 (Admin) Links: Bailii Statutes: Housing Act 1985 Land, Housing Updated: 05 November 2022; Ref: scu.464961
Tenants challenged an order for possession, saying the form of notice was defective. The date specified in the notice was clearly a clerical error. It provided that the tenancy would commence on 29 May 1993 and end on 28 May 1993, on the face of it, a day before its commencement. The premises had previously … Continue reading Andrews and Another v Brewer and Another: CA 17 Feb 1997
Assessment of priority for housing allows inclusion of non statutory matters. Citations: Times 04-Mar-1997 Statutes: Housing Act 1985 Jurisdiction: England and Wales Housing Updated: 05 November 2022; Ref: scu.88338
Misbehaviour of a tenant in the immediate neighbourhood of tenanted property could be a nuisance in respect to that tenancy. Citations: Times 03-Jan-1997, Gazette 11-Mar-1998, [1997] EWCA Civ 821 Statutes: Housing Act 1985 Sch 2 Ground 2 Jurisdiction: England and Wales Housing, Landlord and Tenant Updated: 04 November 2022; Ref: scu.84352
A tenat’s right to buy property should not effect the assessed fair rent on review. Citations: Times 09-Aug-1996 Statutes: Housing Act 1985 Jurisdiction: England and Wales Landlord and Tenant, Housing Updated: 31 October 2022; Ref: scu.79958
Accommodation provided by a local authority need not be permanent in order to satisfy the statutory requirement to assist somebody in need of assistance for homelessness. The full duty might be discharged by securing the offer of an assured shorthold tenancy of suitable premises Judges: Sir Thomas Bingham MR Citations: Times 07-Jun-1996, [1997] QB 953 … Continue reading Regina v Wandsworth London Borough Council Ex Parte Wingrove; Regina v Same Ex Parte Mansoor: CA 7 Jun 1996
Citations: [2003] EWCA Civ 20 Links: Bailii Statutes: Housing Act 1985 S2G5 Jurisdiction: England and Wales Housing Updated: 31 October 2022; Ref: scu.181111
The fact that a secure tenant was an illegal and an overstaying immigrant and therefore should not have been granted a tenancy, gave no right to the council as landlord summarily to evict him. Citations: Gazette 22-May-1996, Times 13-May-1996, (1996) 29 HLR 259 Statutes: Housing Act 1985 81 Jurisdiction: England and Wales Cited by: Cited … Continue reading Akinbolu v Hackney London Borough Council: CA 13 May 1996
The landlord council and tenant claiming his right to buy disputed the reasonableness of terms proposed by the council for inclusion in the lease. The tenant served a RTB6 notice and the landlord served a RTB7 Counter notice relying on the reasonableness of the terms proposed. The tenant served a RTB8 operative notice of delay … Continue reading Guinan v Enfield London Borough Council: CA 1996
A Local Authority has a duty to house European Union migrants even without leave to stay as long as they are looking for work. EU nationals who were properly entering the UK were owed the Housing Act duties until they were told that they were overstaying. Citations: Independent 23-Feb-1996, Gazette 20-Mar-1996, Times 27-Feb-1996, (1996) 28 … Continue reading Regina v Westminster City Council Ex Parte Castelli; Regina v Same Ex Parte Tristan Garcia: CA 23 Feb 1996
When a tenant sought an order enforcing his right to buy his house, the judge had no discretion to refuse the order on the grounds of hardship. Once the conditions were satisfied, the tenant’s rights were absolute. Citations: Ind Summary 01-Mar-1993 Statutes: Housing Act 1985 138(3) Jurisdiction: England and Wales Housing, Local Government Updated: 26 … Continue reading Taylor v Newham London Borough Council: CA 1 Mar 1993
Council’s Housing offer was insufficient – properly rejected. Citations: Independent 09-Mar-1993 Statutes: Housing Act 1985 65(2) 69(1)(b) Jurisdiction: England and Wales Housing Updated: 26 October 2022; Ref: scu.88353
An applicant was properly deemed to be intentionally homeless when he had lost his former house through his own fraudulent acts. Citations: Times 11-May-1993 Statutes: Housing Act 1985 60(1) Jurisdiction: England and Wales Housing Updated: 26 October 2022; Ref: scu.88379
The surrender of a legal interest in a property does not inevitably mean that that person is intentionally homeless. Citations: Times 23-Jun-1993 Statutes: Housing Act 1985 60(1) Jurisdiction: England and Wales Housing Updated: 26 October 2022; Ref: scu.88255
Child’s needs must be taken into account in respect of re-housing. Citations: Gazette 13-Jul-1993, Times 18-May-1993 Statutes: Housing Act 1985 75, Housing Act 1985 Part III, s 75 Jurisdiction: England and Wales Housing Updated: 26 October 2022; Ref: scu.88297
A local Authority has a duty to act upon a housing request for children even though the family were intentionally homeless. Citations: Independent 18-Aug-1993, Times 04-Aug-1993 Statutes: Housing Act 1985, Children Act 1989 Jurisdiction: England and Wales Cited by: Appeal from – Regina v Northavon District Council ex parte Smith HL 18-Jul-1994 Local Authority is … Continue reading Regina v Northavon District Council, ex parte Smith: CA 4 Aug 1993
Temporary housing may be treated as being settled, so an abandonment of it may be intentional homelessness.The applicant had been accepted by Tower Hamlets as unintentionally homeless and in priority need, and given temporary accommodation. She refused a permanent place offered to her and was evicted. She applied to Brent who concluded that her refusal … Continue reading Regina v Brent London Borough Council Ex Parte Awua: CA 31 Mar 1994
A Local Authority may delay the grant of permanent accommodation to await the expiry of a short term lease. Leggatt LJ said that accommodation under section 65(2) ‘does have to be secured without limit of time and so . . be indefinite.’ Dillon LJ said that ‘the accommodation to satisfy the council’s duty must . … Continue reading Regina v Brent London Borough Council Ex Parte MacWan: CA 6 Apr 1994
A Local Authority was liable for its negligent reference of a homeless person to unsafe premises. Citations: Gazette 10-Mar-1993 Statutes: Housing Act 1985 65(4) Jurisdiction: England and Wales Negligence, Local Government Updated: 26 October 2022; Ref: scu.80352
The right to buy a council house is dependant on the existence of a secure tenancy to which it is incidental, and that right disappears on the death of the tenant because there was no secure tenancy left upon which to base the right: ‘It is a creature of statute and is sui generis; if … Continue reading City of Bradford Metropolitan Council v McMahon and McMahon: CA 21 Apr 1993
A covenant to pay a service charge imposed on any purchasing tenants was valid. Citations: Gazette 23-Mar-1994 Statutes: Housing Act 1985 Part V Jurisdiction: England and Wales Land, Landlord and Tenant Updated: 26 October 2022; Ref: scu.79575
LT COMPENSATION – mortgagee but not claimant appearing – unfit house – interior but not exterior well maintained – Housing Act 1985 Schedules 23 and 24 – whether entitlement to owner-occupier supplement – alternatively whether compensation to include well-maintained payment – evidence not establishing that claimant had interest in house throughout Schedule 24 qualifying period … Continue reading Farrell v First National Bank Plc: LT 1 Nov 1999
The applicant had set out to purchase a property, paying by instalments over several years. Part way through he secured a transfer of the property, and gave a charge to the lender. Later he defaulted on payments to the lender. In the meantime, a compulsory purchase order was made, and the question arose as to … Continue reading Farrell v First National Bank Plc: CA 26 Jun 2001
The court considered what was to happen when a person in overcrowded accommodation sought rehousing: ‘Part 10 of the 1985 Act concerns overcrowding. Its pivotal provision is section 327 which provides that, subject to some exceptions, the occupier of a dwelling who causes or permits it to be overcrowded commits a summary offence. It is … Continue reading Elrify v City of Westminster Council: CA 23 Mar 2007
Dispute as to exercise of right to buy premises from local authority – when notice served. Judges: Sir Andrew Morritt C, Carnwat LJ, Moses LJ Citations: [2006] EWCA Civ 1366 Links: Bailii Statutes: Housing Act 1985 Jurisdiction: England and Wales Local Government Updated: 20 October 2022; Ref: scu.249065
The claimants were shareholders in Westrip, accusing the Defendant directors of deliberately engaging in a course of conduct which has led to Westrip losing ownership and control of a very valuable mining licence and which, but for their intervention, would have led to Westrip losing all or almost all of its remaining assets. They say … Continue reading Iesini and Others v Westrip Holdings Ltd and Others: ChD 16 Oct 2009
The council appealed against refusal of possession orders against their tenant. Judges: Mummery, Etherton, Patten LJJ Citations: [2011] EWCA Civ 1450 Links: Bailii Statutes: Housing Act 1985 79(1) Jurisdiction: England and Wales Housing Updated: 29 September 2022; Ref: scu.449756
The parties disputed the liability on lessees to contribute to a service charge for maintenance of common parts of the building. The six tenants covenanted to pay a proper proportion of the landlord’s costs of meeting his repair obligations. The landlord executed repair after a water leak. Two tenants argued that the cost was too … Continue reading 69 Marina, St Leonards-On-Sea, Freeholders of v Oram and Another: CA 8 Nov 2011
COMPENSATION – prohibition order – Housing Health and Safety Rating System Regulations – category 1 hazard – flat – crowding and space – section s584A Housing Act 1985 – S.5 Land Compensation Act 1961 – Rule 4 – whether use of flat (a) contrary to law (b) detrimental to health of the occupants – nil … Continue reading Haq v Eastbourne Borough Council: UTLC 10 Oct 2011
The appellant landlords appealed against the award of damages to their former tenants under the 1985 and 1972 Acts. The judge had proceeded to hear the case in their absence. Held: The court considered whether the appellants should instead have applied to have the judgments set aside. Judges: Moore-Bick, Gross LJJ Citations: [2011] EWCA Civ … Continue reading Williams and Another v Hinton and Another: CA 14 Oct 2011
